Drone operator James Morton, left, pilots his drone off the landing pad as pilot Jeff Fuchs, right, works as his spotter while the two fly their drones at Lower Roto Vista Park in Bremerton on Friday.(Photo: Meegan M. Reid / Kitsap Sun)Buy Photo

James Morton is an FAA-licensed commercial drone operator who runs his own aerial imagery business. And he thinks he knows why there’s been an uptick in illegal drone activity over the area’s Navy installations the last couple of years.

"It's these hobbyists who don't know the rules and they need to be educated about what goes on with the proper use of drones," Morton said. "They just go get a drone from Costco or Best Buy, and while the manufacturer says abide by all federal rules and regulations, municipal codes, or whatever, they don’t take the time to educate themselves.”

Morton, like other licensed drone operators in the county, is following closely plans by the Kitsap County commissioners to enact an ordinance that would restrict drone launching and landings within 3,000 feet of Navy installations in the county. The action comes in response to concerns by the Navy over the increasing number of overflight incidents — 16 this year so far. Last year there were 37 incidents, and 31 in 2016.

The FAA requires all pilots to register their drones with the administration if they will be operated in the United States, either as a recreational-use drone or a commercial-use drone.

Commercial operators are required to pass an aeronautical knowledge exam, which includes a section on airspace classification and restrictions, and apply for a remote pilot license that requires passing a security background check.

This classification generally limits pilots to operating their drone during daylight hours within their visual-line-of-site. It also prohibits them from operating near and in restricted airspace, though commercial pilots can apply for a waiver to these restrictions.

The requirements for hobbyists aren't quite as stringent. While the FAA still requires drone registration, hobbyists aren't subjected to the same education and licensing requirements.

Morton, who owns the Bremerton-based Pacific Northwest Aerial Vision, cited a recent example of improper drone usage. Numerous systems took to the sky to shoot footage of the Bremerton Bridge Blast, the spectacular display of fireworks launched from the Manette Bridge the weekend before the Fourth of July.

Morton operated his drone that evening to capture footage of the event, and while doing so, he noticed many systems in the sky that evening were not correctly following the FAA's regulations for nighttime use.

Nighttime flight requires a special waiver granted by the FAA for commercial operators who already hold pilot permits. Under the terms of this waiver, operators are required to have lights on their unmanned systems that are visible from three nautical miles away.

Out of the fix or six drones he saw, none of them had the required lights attached to their systems.

"They had just the tiny little red and green lights that come with the drone, and those aren't strong enough to be seen from three nautical miles," Morton said.

Buffer size an issue

Although the Navy's proposed buffer zone around Bremerton would have to be enacted through similar legislation adopted by the city government, almost the entire length of the Manette Bridge and the area where the pilots were operating on the night of the Bremerton Bridge Blast would fall within Puget Sound Naval Shipyard's buffer zone.

For the most part, Morton said he could support the ordinance if there was some reconsideration of the proposed buffer-zone size of 3,000 feet around each of Naval Base Kitsap's installations.

In Bremerton, Morton suggested 1,000 to 1,500 feet, given there aren’t the same national security concerns as at Bangor, where the Navy homeports ballistic missile submarines.

"Of all the bases around here, that's the top secret one. I'm fine with that," Morton said."But here in the city? People are going to want to be able to use the drones."

Licensed drone pilot Jeff Fuchs said he understood the Navy's security concerns, but he thinks the buffer zones might not be the most effective solution to preventing pilots from straying too far into military airspace.

"There's a work-around for the people who really want to get around it. It doesn’t seem like it's going to do much for the true problem," Fuchs said. "Hopefully it won’t just hinder the people who want to work, but I'm not that stressed about it anymore because I'll be able to get an exemption."

Paperwork a concern

The ordinance has a provision in it that would allow drone operators interested in flying their systems within the buffer zones to able to apply for a special use, short-term permit that's good for up to 48 hours. Businesses that use drones to transport goods or merchandise would be able to apply for a two-year blanket exemption.

For professional pilots like Morton and Fuchs, that could mean a lot of paperwork.

"It's going to take away opportunities for the commercial operator to do his or her job," Morton said. "Instead of it being so restrictive, let the commercial operators do their thing. We know the rules. We have the waivers in place."

“Instead of it being so restrictive, let the commercial operators do their thing. We know the rules. We have the waivers in place.”

James Morton

Fuchs would like to see some sort of blanket exemption for drone companies that use the technology for gathering images.

"It would make everyone’s life easier,” he said.

The Kitsap County Sheriff's Office has tentatively been selected as the agency to process the permits and enforce the ordinance.

If someone were to be caught operating their drone within the buffer zone, he or she could be charged with a misdemeanor, and if convicted, they could face up to 60 days in jail and a $1,000 fine. Their equipment could be subject to confiscation and forfeiture as well.

Fuchs said that while the penalties seemed reasonable for the offense, he would like to see the county consider creating a warning for first-time offenders who might not be aware of the rules.

"Otherwise, if that's what needs to be done to where they learn their lesson the hard way, so be it," he said. "Because as a commercial operator, I know the rules and regulations. I'm not going to go fly over a military installation."

However, Fuchs worried that the responsibility to enforce the ordinance could place undue operational and financial burden on the sheriff's office and the county.

"Big picture, we have a lot of other things going on and a lot of other costs," he said. "Who is going to pay for it? It doesn't just magically pay for itself."

Still, both pilots felt there are other options that could better address the Navy's growing security concerns.

"There are companies that do anti-drone technology. It does exist," Morton said. "They could do some kind of electronic jamming. They could have them set up around the perimeters of the installation and if people try to fly over it, it's just like hitting a wall."

Perhaps the easiest step would be to ensure the county's drone operators are properly educated on the legal uses of unmanned systems near military installations, Morton said.

"I'd even be willing to help out with the county, if they get some kind of education meet-and-greet, a safety seminar kind of thing for the people are doing it for fun to educate them the right way," he said.

"We can have a demo and show them the right way and the wrong way of doing things,“ Morton said.